The Brookhaven leader., 1887-08-25

then sworn and testified that Eubauks' I,
side NhiSkers were not near 80 long or
heavy rs Il. II. Gambrclrs, and Gam !
brclPs photo was produced as evidence.
The " hole afternoon session of the
court was consumed in arguing the de-
PENDANTS application for continuance.
Judge CalhuOn opened for the defense aud
was followed Ly G.. II. Alexander aud
Colonel lIuddlcston for the State, the ar
gumeut being closed 10y Colonel Nugent,
rs on motion of this kind the defen-
daUtS were entitled TO the last speech.
All the speeches were earnest and able;
the law in the ease and issue of fact as to
chat the witnesses would swear t0 being
thoroughly discussed. Numerous precc-
dents were cited and discussed ON both
sides, which it was claimed had bearing
in this instance.
Judge Mayors said in substance that
upon the showing presented by the de
PENDANTS they were entitled to- II contin
uance. and without giving any reason for
his decision lie would cause such an order
to be made upon the minutes OF the
Court.
just here the State proposed to admit
the absent witnesses if here would swear
in the manner claimed III defendants
petition and upon this admission that the
trial proceed.
After some discussion the court ruled
that unless the defendants agreed to go to
trial in the absence ot these witnesses the
case would stand continued, rs they were
entitled to have the personal attendance
of or compulsory process to bring them.
The defendants claimed this right, and the
case stands continued till tue next term
of court here, which will be i'll Feb
ruarY.
The prisoners were ordered remanded to
the Kinds county jail and ordered to be
taken back on Tuesday next
These proceeding ouly applied to Ham
iltOn and Euhanks, who are Jointly in
dicted, bot 1t was agreed that the same
orders be made in the case of Albrect,
who is indicted separately, aud they were
50 written mp.
As to the matter of q new application
for bail Of which nothing has yet been
said in court, the opinion of the lawyers
for the State is that there is nothing left
for the defendants to do but to remain in
jail until the next term unless they prose-
cute the appeal from Chancellor PeytOn's
decision to the Supreme Court and that
in case of reversal of Judge Pcyton's
decision denying bail, it would not admit
defendant to bail, but would give them
the right to sue ont another writ of hab-
cas- corpus to relieve them of the indict-
ment by the grand jury which right they
Ito not ard cannot possess unless the APP
4 peal from Judge Peyton's decision be re-
/ verScd.
In the above statement of the case as
/ to the bail matter is not included tn"
/ prisoners right to apply for it on the
ground of dangerous illness, if such Il
contingency should arise, as provided for
/ by law. The counsel for defense combat
this theory, and contend the indictment
OF defendants makes IL new case so far
as the right of habeas corpus is concern
ed; that they are not required IT, prose
cute and reverse Judge Peyton'S decision;
that they have right to to sue out ii new
writ; thaS no law would require them to
prosecute an appeal from which there
Conld lie no tangible result.
Alter adjournment of the court Il con-
ference OF defendant and his attorneys
was at once held. \ writ of haheas cor
pms was prepared and will he presented
doubtless Tonight to Judge Mayors, and
the date toI hearing will likely be fixed
for some day next week.
/ The most startling statement made dur
ing the argument was by Colonel NJ
gent, who stated that It was with regret
/ that the defense had been compelled to
abandon the theory that it was an acct
dental meeting between Hamilton and
GaIu',rtll on the bridge.
id-ie Ms an ium n t. crowd pr sent all
day. among them many ladies' Judge
! Mayors decision as to the coH'Innace was
/ quietly received, no demon>tr"ijaH being
made by either side.
LATER-The writ of hahoar corpus sued
out tonight for another application for
bail of Hamilton, Albrecht and Eubanks
was presented to Judg" Mayors Tonight,
who granted the same and made II return
abb" before Chief Justice Il. +. Cooper at
jackson on Monday, the Goth day of
August.
when the hahcaS corpus case comes mp
before Judge Cooper next Monday the
! State will claim, under the decisions Of
the supreme Court, that there Will be no
jurisdiction to hear the case because of
the decision of the Chancellor Peyton on
| the previous writ of habeas corpus,
which stands umreVcrsed; that the fact
of the finding of an Indictment by the
grand jury since Chancellor Peyton's
decision, instead of emitting the the de-
PENDANTS to bail, strengthens the case
of the State ON the point that bail is not
allowable.
No witnesses have been summoned, as
Judge Cooper will hear argument as to
the legal effect of Chancellor Peytons
decisions before he decides to 80 into the